The insurance company paid him $1,000 for each of the 11 stolen plants, but Stewart didn’t think that was enough. In two separate court applications, he sued TD for a total of $45,000. He said this was the full value of the plants under his policy’s personal property provision. This section of the policy insured the contents of his home and any property owned or used that is “usual to the ownership or maintenance of a dwelling.”

In each case he also claimed $180,000 for breach of contract and mental and physical suffering as a result of the thefts.

Justice James Ramsay ruled in March 2013 that it was a stretch to say plants growing in the yard were household contents. He also questioned whether growing medical marijuana was “a typical use” of the premises as contemplated by the policy. As a result, he rejected Stewart’s argument and dismissed the claim.

Stewart appealed the decision to the Ontario Divisional Court and in March 2014 his appeal was dismissed. He has filed a motion with the Ontario Court of Appeal requesting further leave to appeal.

New federal regulations came into effect on April 1 that prohibit people like Stewart from growing medical marijuana for their own use. These rules restrict its production to a handful of commercial growers.

A post on Health Canada’s website says growers have until the end of the month to file a notice confirming they have destroyed their medical marijuana plants or they may face prosecution.

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